Subject: Resolution
authorizing execution of a the Limited Waiver of the Restrictive Covenant where
the deed requires the property sold to Leesburg Regional Medical Center to be
used solely for medical purposes

Staff
Recommendation:

Staff
recommends approval of the Limited Waiver of the Restrictive Covenant allowing
the Community Development Corporation of Leesburg and Vicinity to lease space
at 314 North Canal Street to the Lake Sumter Children’s Advocacy Center for
office space.

Analysis:

In
2000, the City of Leesburg sold property to Leesburg Regional Medical Center
and placed a restrictive covenant in the deed requiring the property be used
only for hospital and ancillary uses ordinarily associated with the hospital or
the title would revert to the City.

The
Community Development Corporation of Leesburg and Vicinity requested the
Hospital to allow them to use the building at 314 Canal Street for office space
for a limited time, and requested the City to consent to the use despite the
deed restriction. The City granted permission of the use in 2004.

The
Community Development Corporation has requested the Hospital to grant
permission to lease some of the space to the Lake Sumter Children’s Advocacy
Center, Inc. for office space.

The
Hospital, in turn, has requested the City of Leesburg to grant a Limited Waiver
of the Restrictive Covenant in order for the CDC to sublease a portion of the
structure at 314 North Canal Street, to the Lake Sumter Children’s Advocacy
Center (LSCAC).

Options:

1. Approve the Limited
Waiver of the Restrictive Covenant to allow the CDC to sublease space to the
LSCAC

2.
Such alternative action as the Commission may deem appropriate

Fiscal
Impact:

None

Submission
Date and Time: 1/20/2010 5:51 PM____

Department: __City
Clerk_____

Prepared
by: ______________________

Attachments:
Yes____ No ______

Advertised: ____Not
Required ______

Dates: __________________________

Attorney Review : Yes___ No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept.
Head ________

Finance Dept. __________________

Deputy C.M. ___________________

Submitted
by:

City
Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A LIMITED WAIVER OF RESTRICTIVE COVENANT BETWEEN THE CITY OF LEESBURG,
FLORIDA, AS GRANTOR, AND LEESBURG REGIONAL MEDICAL CENTER, INC., AS GRANTEE, TO
ENABLE THE COMMUNITY DEVELOPMENT CORPORATION AND VICINITY TO LEASE SOME OF THE
PROPERTY AT 314 NORTH CANAL STREET TO THE LAKE SUMTER CHILDREN’S ADVOCACY
CENTER; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED by the City Commission of the City of
Leesburg, Florida:

THAT the Mayor and City Clerk are hereby
authorized to execute a Limited Waiver of Restrictive Covenant between the City
of Leesburg, Florida, as Grantor, and Leesburg Regional Medical Center, Inc.,
as Grantee, in the form attached as Exhibit “A” to this resolution to enable
the Community Development Corporation and Vicinity to lease some of the
property at 314 North Canal Street to the Lake Sumter children’s Advocacy
Center.

THIS
RESOLUTION shall become
effective upon its passage and adoption according to law.

PASSED AND
ADOPTED at the regular
meeting of the City Commission of the City of Leesburg, Florida, held the__25th_____day
of _January __, 2010.